CourtListener 10860377•Shevirski Johnson v. the State of Texas
Testo completo
NUMBER 13-26-00007-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
SHEVIRSKI JOHNSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 156TH DISTRICT COURT
OF BEE COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Fonseca
This cause is before the Court on appellant’s motion to withdraw appeal. The
motion was not signed by both counsel and appellant, as required for a motion to dismiss
a criminal appeal. See TEX. R. APP. P. 42.2(a). However, based on the trial court’s findings
following abatement and for good cause, we suspend the requirement that the motion be
signed by appellant. See id. R. 2.
On December 8, 2025, appellant filed a notice of appeal attempting to appeal a
judgment of conviction in trial court cause number CR2502056. After appellant failed to
file a brief, we abated the appeal and remanded the matter for the trial court to determine
whether appellant desired to prosecute this appeal, if the appeal had been abandoned,
or whether counsel has abandoned the appeal and denied appellant effective assistance
of counsel. Upon review of the trial court’s findings, it appears appellant does not wish to
prosecute the appeal and that the notice of appeal was mistakenly filed.
Accordingly, the appeal is hereby reinstated, the motion to withdraw appeal is
granted, and, without passing on the merits of the case, the appeal is hereby dismissed.
YSMAEL FONSECA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
7th day of May, 2026.
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